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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
                                         )                               
                                                                         
                                         )                               
                                                                         
     In the Matter of                    )   File No. EB- 07-TC-502      
                                                                         
     Sunstar Travel and Tours, Inc.      )   NAL/Acct. No. 200832170065  
                                                                         
     Apparent Liability for Forfeiture   )   FRN: 0017724774             
                                                                         
                                         )                               
                                                                         
                                         )                               
                                                                         
                                         )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: August 26, 2008 Released: August 28, 2008

   By the Commission:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Sunstar Travel and Tours, Inc. ("Sunstar") apparently willfully
       or repeatedly violated section 227 of the Communications Act of 1934,
       as amended ("Act"), and the Commission's related rules and orders, by
       delivering at least twenty-nine unsolicited advertisements to the
       telephone facsimile machines of at least twenty-five consumers. Based
       on the facts and circumstances surrounding these apparent violations,
       we find that Sunstar is apparently liable for a forfeiture in the
       amount of $136,000.

   II. BACKGROUND

    2. Section 227(b)(1)(C) of the Act makes it "unlawful for any person
       within the United States, or any person outside the United States if
       the recipient is within the United States . . . to use any telephone
       facsimile machine, computer, or other device to send, to a telephone
       facsimile machine, an unsolicited advertisement."  The term
       "unsolicited advertisement" is defined in the Act and the Commission's
       rules as "any material advertising the commercial availability or
       quality of any property, goods, or services which is transmitted to
       any person without that person's prior express invitation or
       permission in writing or otherwise." Under the Commission's rules, an
       "established business relationship" exception permits a party to
       deliver a message to a consumer if the sender has an established
       business relationship with the recipient and the sender obtained the
       number of the facsimile machine through the voluntary communication by
       the recipient, directly to the sender, within the context of the
       established business relationship, or through a directory,
       advertisement, or a site on the Internet to which the recipient
       voluntarily agreed to make available its facsimile number for public
       distribution.

    3. On May 17, 2007, in response to one or more consumer complaints
       alleging that Sunstar had faxed unsolicited advertisements, the
       Enforcement Bureau ("Bureau") issued a citation to Sunstar, pursuant
       to section 503(b)(5) of the Act. The Bureau cited Sunstar for using a
       telephone facsimile machine, computer, or other device, to send
       unsolicited advertisements for vacation packages to a telephone
       facsimile machine, in violation of section 227 of the Act and the
       Commission's related rules and orders. The citation warned Sunstar
       that subsequent violations could result in the imposition of monetary
       forfeitures of up to $11,000 per violation, and included a copy of the
       consumer complaints that formed the basis of the citation. The
       citation informed Sunstar that within 30 days of the date of the
       citation, it could either request an interview with Commission staff,
       or could provide a written statement responding to the citation.
       Sunstar did not request an interview or otherwise respond to the
       citation.

    4. Despite the citation's warning that subsequent violations could result
       in the imposition of monetary forfeitures, we have received additional
       consumer complaints indicating that Sunstar continued to engage in
       such conduct after receiving the citation. We base our action here
       specifically on the complaints filed by twenty-five consumers
       establishing that Sunstar continued to send twenty-nine unsolicited
       advertisements to telephone facsimile machines after the date of the
       citation.

    5. Section 503(b) of the Act authorizes the Commission to assess a
       forfeiture of up to $11,000 for each violation of the Act or of any
       rule, regulation, or order issued by the Commission under the Act by a
       non-common carrier or other entity not specifically designated in
       section 503 of the Act. In exercising such authority, we are to take
       into account "the nature, circumstances, extent, and gravity of the
       violation and, with respect to the violator, the degree of
       culpability, any history of prior offenses, ability to pay, and such
       other matters as justice may require."

   III. DISCUSSION

   A. Violations of the Commission's Rules Restricting Unsolicited Facsimile
   Advertisements

    6. We find that Sunstar apparently violated section 227 of the Act and
       the Commission's related rules and orders by using a telephone
       facsimile machine, computer, or other device to send at least
       twenty-nine unsolicited advertisements to the twenty-five consumers
       identified in the Appendix. This NAL is based on evidence that
       twenty-five consumers received unsolicited fax advertisements from
       Sunstar after the Bureau's citation. The facsimile transmissions
       advertised vacations. Further, according to the complaints, the
       consumers neither had an established business relationship with
       Sunstar nor gave Sunstar permission to send the facsimile
       transmissions. The faxes at issue here therefore fall within the
       definition of an "unsolicited advertisement."  Based on the entire
       record, including the consumer complaints, we conclude that Sunstar
       apparently violated section 227 of the Act and the Commission's
       related rules and orders by sending twenty-nine unsolicited
       advertisements to twenty-five consumers' facsimile machines.

    B. Proposed Forfeiture

    7. We find that Sunstar is apparently liable for a forfeiture in the
       amount of $136,000. Although the Commission's Forfeiture Policy
       Statement does not establish a base forfeiture amount for violating
       the prohibition against using a telephone facsimile machine to send
       unsolicited advertisements, the Commission has previously considered
       $4,500 per unsolicited fax advertisement to be an appropriate base
       amount. We apply that base amount to each of twenty-eight of the
       apparent violations. In addition, where the consumer requests the
       company to stop sending facsimile messages, and the company continues
       to send them, the Commission has previously considered $10,000 per
       unsolicited fax advertisement the appropriate forfeiture for such
       egregious violations. Here, one consumer specifically requested that
       Sunstar cease sending facsimiles. Notwithstanding this request,
       Sunstar sent one additional facsimile to this consumer. We therefore
       apply the $10,000 amount to the one apparent violation. Thus, a total
       forfeiture of $136,000 is proposed. Sunstar will have the opportunity
       to submit evidence and arguments in response to this NAL to show that
       no forfeiture should be imposed or that some lesser amount should be
       assessed.

   IV. CONCLUSION AND ORDERING CLAUSES

    8. We have determined that Sunstar Travel and Tours, Inc. apparently
       violated section 227 of the Act and the Commission's related rules and
       orders by using a telephone facsimile machine, computer, or other
       device to send at least twenty-nine unsolicited advertisements to the
       twenty-five consumers identified in the Appendix. We have further
       determined that Sunstar Travel and Tours, Inc. is apparently liable
       for a forfeiture in the amount of $136,000.

    9. Accordingly, IT IS ORDERED, Accordingly, IT IS ORDERED, pursuant to
       section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80 of
       the Rules, 47 C.F.R. S: 1.80, that Sunstar Travel and Tours, Inc  is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of $136,000 for willful or repeated violations of section
       64.1200(c)(2) of the Commission's rules, 47 C.F.R. S: 64.1200(c)(2),
       and the related orders described in the paragraphs above.

   10. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the
       Commission's rules, within thirty (30) days of the release date of
       this Notice of Apparent Liability for Forfeiture, Sunstar Travel and
       Tours, Inc. SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   11. Payment of the forfeiture must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission. The
       payment must include the NAL/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
        When completing the FCC Form 159, enter the NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). SOS Marketing will also send
       electronic notification on the date said payment is made to
       Johnny.drake@fcc.gov. Requests for full payment under an installment
       plan should be sent to: Chief Financial Officer -- Financial
       Operations, 445 12th Street, S.W., Room 1-A625, Washington, D.C. 
       20554. Please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
       regarding payment procedures.

   12. The response, if any, must be mailed both to the Office of the
       Secretary, Federal Communications Commission, 445 12th Street, SW,
       Washington, DC 20554, ATTN: Enforcement Bureau - Telecommunications
       Consumers Division, and to Colleen Heitkamp, Chief, Telecommunications
       Consumers Division, Enforcement Bureau, Federal Communications
       Commission, 445 12th Street, SW, Washington, DC 20554, and must
       include the NAL/Acct. No. referenced in the caption.

   13. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices; or (3) some other reliable and objective
       documentation that accurately reflects the petitioner's current
       financial status. Any claim of inability to pay must specifically
       identify the basis for the claim by reference to the financial
       documentation submitted.

   14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail Return Receipt
       Requested to Sunstar Travel and Tours, Inc., Attention: Joseph Hanna,
       President, 1123 E. Altamonte Dr., Altamonte Springs, FL 32701.

   FEDERAL COMMUNICATIONS COMMISSION

   Marlene H. Dortch

   Secretary

                                    APPENDIX

                        Complainants and Violation Dates


     Complainant sent facsimile solicitations        Violation Date(s)       

     Thomas Merz                                     9/06/2007               

     Robert Temoyan, Bebirian & Temoyan, Inc.        9/25/2007               

     Warren Davis, Davis Associates, Inc.            9/25/2007               

     P. Romano                                       10/02/2007              

     Eugene Groves                                   9/06/2007; 9/25/2007;   
                                                     10/03/2007; 10/03/2007  

     Jean Fortune, Hy-Tech Construction              10/05/2007              

     John McGraw, HNFS                               10/05/2007              

     Jennifer Harris, University Association in      10/05/2007              
     Psychology                                                              

     Mike Flint, NOVA TECH International LLC         10/11/2007              

     Michael Ankenbauer, DATARACE                    10/11/2007              

     Judy McComb                                     10/09/2007              

     Christi Woodend                                 10/12/2007              

     Walter Alexander                                10/11/2007              

     Mark Lebovitz                                   10/15/2007              

     Troy Sanchez                                    10/15/2007              

     Nanci Lamborn, Southern Insurance               10/15/2007              
     Underwriters                                                            

     Leigh Plimmer                                   10/17/2007              

     Carolyn Weiner                                  9/20/2007; 10/16/2007   

     Dave Rohn                                       10/17/2007              

     George Wheeler, Wheeler Initiatives             10/18/2007              

     Paul Randle, Paul A. Randle & Associates        10/22/2007              

     John Brooks                                     10/22/2007              

     Chenda Fruchter                                 10/23/2007              

     Louie Mounce, Southeastern Graded Milk          10/15/2007              
     Producers                                                               



     Complainant received facsimile advertisements        Violation Date(s)  
     after requesting no more be sent                                        

     Kathleen Logan                                       10/02/2007         


   See 47 U.S.C. S: 503(b)(1). The Commission has the authority under this
   section of the Act to assess a forfeiture against any person who has
   "willfully or repeatedly failed to comply with any of the provisions of
   this Act or of any rule, regulation, or order issued by the Commission
   under this Act ...." See also 47 U.S.C. S: 503(b)(5)  (stating that the
   Commission has the authority under this section of the Act to assess a
   forfeiture penalty against any person who does not hold a license, permit,
   certificate or other authorization issued by the Commission or an
   applicant for any of those listed instrumentalities so long as such person
   (A) is first issued a citation of the violation charged; (B) is given a
   reasonable opportunity for a personal interview with an official of the
   Commission, at the field office of the Commission nearest to the person's
   place of residence; and (C) subsequently engages in conduct of the type
   described in the citation).

   According to publicly available information, Sunstar is also doing
   business as SS Travel and Tours, S-Star Travel and Tour, Vacation
   Clearinghouse, Vacation Clearance Center, and Travel Clearance Center.
   Therefore, all references in this NAL to "Sunstar" encompass Sunstar as
   well as SS Travel and Tours, S-Star Travel and Tour, Vacation
   Clearinghouse, Vacation Clearance Center, and Travel Clearance Center.
   Sunstar has offices at 1123 E. Altamonte Dr., Altamonte Springs, FL 32701.
   Joseph Hanna, President, is listed as the contact person for Sunstar.
   Accordingly, all references in this NAL to "Sunstar" also encompass the
   foregoing individual and all other principals and officers of this entity
   or entities, as well as the corporate entity or entities.

   See  47 U.S.C. S: 227(b)(1)(C); 47 C.F.R. S: 64.1200(a)(3);  see also 
   Rules and Regulations Implementing the Telephone Consumer Protection Act
   of 1991, Report and  Order and Third Order on Reconsideration, 21 FCC Rcd
   3787 (2006).

   47 U.S.C. S: 227(b)(1)(C); 47 C.F.R. S: 64.1200(a)(3).

   47 U.S.C. S: 227(a)(4); 47 C.F.R. S: 64.1200(f)(13).

   An "established business relationship" is defined as a prior or existing
   relationship formed by a voluntary two-way communication "with or without
   an exchange of consideration, on the basis of an inquiry, application,
   purchase or transaction by the business or residential subscriber
   regarding products or services offered by such person or entity, which
   relationship has not been previously terminated by either party." 47
   C.F.R. S: 64.1200(f)(5).

   See 47 U.S.C. S: 227(b)(1)(C); 47 C.F.R. S: 64.1200(a)(3)(i), (ii).

   Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications
   Consumers Division, Enforcement Bureau, File No. EB-07-TC-502 issued to
   Sunstar on May 17, 2007.

   See 47 U.S.C. S: 503(b)(5) (authorizing the Commission to issue citations
   to persons who do not hold a license, permit, certificate or other
   authorization issued by the Commission or an applicant for any of those
   listed instrumentalities for violations of the Act or of the Commission's
   rules and orders).

   Commission staff mailed the citation to Sunstar Travel and Tours, Inc.,
   Attn: Joseph Hanna, President, 1123 E. Altamonte Dr., Altamonte Springs,
   FL 32701. See n.2, supra.

   See Appendix for a listing of the consumer complaints against Sunstar
   requesting Commission action.

   Following the issuance of this citation, the Commission continued to
   receive complaints from multiple consumers alleging that Sunstar faxed
   unsolicited advertisements to them. These complaints, received after the
   Commission's citation, resulted in the issuance of a Notice of Apparent
   Liability for Forfeiture against Sunstar in the amount of $169,500.
   Sunstar Travel and Tours, Inc., Notice of Apparent Liability for
   Forfeiture, FCC 08-132, released May 28, 2008. We note that evidence of
   additional instances of unlawful conduct by Sunstar may form the basis of
   subsequent enforcement action.

   Section 503(b)(2)(C) provides for forfeitures up to $10,000 for each
   violation in cases not covered by subparagraph (A) or (B), which address
   forfeitures for violations by licensees and common carriers, among others.
   See 47 U.S.C. S: 503(b). In accordance with the inflation adjustment
   requirements contained in the Debt Collection Improvement Act of 1996,
   Pub. L. 104-134, Sec. 31001, 110 Stat. 1321, the Commission implemented an
   increase of the maximum statutory forfeiture under section 503(b)(2)(C) to
   $11,000. See 47 C.F.R. S:1.80(b)(3); Amendment of Section 1.80 of the
   Commission's Rules and Adjustment of Forfeiture Maxima to Reflect
   Inflation, 15 FCC Rcd 18221 (2000); see also Amendment of Section 1.80(b)
   of the Commission's Rules and Adjustment of Forfeiture Maxima to Reflect
   Inflation, 19 FCC Rcd 10945 (2004) (amendment of section 1.80(b) to
   reflect inflation left the forfeiture maximum for this type of violator at
   $11,000); Amendment of Section 1.80(b) of the Commission's Rules,
   Adjustment of Forfeiture Maxima to Reflect Inflation, FCC 08-154, rel.
   June 13, 2008 (when effective, forfeiture maximum for this type of
   violator increased to $16,000).

   47 U.S.C. S: 503(b)(2)(D); The Commission's Forfeiture Policy Statement
   and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
   Guidelines, Report and Order, 12 FCC Rcd 17087, 17100-01 para. 27 (1997)
   (Forfeiture Policy Statement), recon. denied, 15 FCC Rcd 303 (1999).

   See, e.g., complaint dated September 6, 2007, from Thomas Merz (stating
   that he has never done any business with the fax advertiser, never made an
   inquiry or application to the fax advertiser, and never gave permission
   for the company to send the fax). The complainants involved in this action
   are listed in the Appendix.

   See 47 U.S.C. S: 227(a)(4); 47 C.F.R. S: 64.1200(f)(13) (definition
   previously at S: 64.1200(f)(10)).

   See  Get-Aways, Inc., Notice of Apparent Liability For Forfeiture, 15 FCC
   Rcd 1805 (1999); Get-Aways, Inc., Forfeiture Order, 15 FCC Rcd 4843
   (2000); see also US Notary, Inc., Notice of Apparent Liability for
   Forfeiture, 15 Rcd 16999 (2000); US Notary, Inc., Forfeiture Order, 16 FCC
   Rcd 18398 (2001); Tri-Star Marketing, Inc., Notice of Apparent Liability
   For Forfeiture, 15 FCC Rcd 11295 (2000); Tri-Star Marketing, Inc.,
   Forfeiture Order, 15 FCC Rcd 23198 (2000).

   See Carolina Liquidators, Inc., Notice of Apparent Liability for
   Forfeiture, 15 FCC 16,837, 16,842 (2000); 21st Century Fax(es) Ltd., AKA
   20th Century Fax(es), 15 FCC Rcd 24,406, 24,411 (2000).

   See  47 U.S.C. S: 503(b)(4)(C); 47 C.F.R. S: 1.80(f)(3).

   47 C.F.R. S: 1.80.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission FCC 08-198

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   Federal Communications Commission FCC 08-198